Non- Fungible Tokens and Copyright Law Implications in the EU

The concept of NFTs is intrinsically linked to the rise of Web 3.0 and its promises of decentralization, innovation, and new economic opportunities. However, within the blockchain environment, NFTs reveal a complex legal structure that does not easily align with the current EU copyright framework. Especially in the context of digital artworks, key questions arise: which actions fall within the scope of authors’ economic and moral rights? What distinguishes a lawful minting process from an act of copyright infringement? The lack of a clear legal framework and relevant case law regarding Art-NFTs increases uncertainty over ownership rights, the responsibilities of buyers and sellers, and the liability of NFT marketplaces in cases of infringement. This thesis aims to clarify this unclear legal landscape by examining how Art-NFTs interact with EU copyright law. The research begins by analyzing NFTs' technological nature and functionality as unique digital tokens and explores their role within innovative ecosystems. It then assesses their eligibility for copyright protection under EU law and analyzes the economic rights involved in the creation and commercialization of NFTs. Finally, it explores possible ownership scenarios, outlines cases of copyright infringement, and highlights the critical role NFT platforms play in the governance and regulation of these digital assets.